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___________________________________________________ <br />1250 Wayzata Blvd E, Unit #1065, Wayzata, MN 55391 <br /> <br /> <br />MEMORANDUM <br /> <br />To: VLAWMO Board of Directors <br /> <br />From: Troy Gilchrist, VLAWMO Attorney <br /> <br />Date: April 14, 2025 <br /> <br />Re: Overview of Changes in the Updated Joint Powers Agreement <br /> <br />VLAWMO was originally established by a joint powers agreement (“JPA”) adopted by the member <br />communities (“Members”) pursuant to Minn. Stat. § 103B.211 of the Metropolitan Surface Water <br />Management Act (Minn. Stat. §§ 103B.201-103B.253). The Members last updated and readopted <br />the JPA in 2016. I assisted with that update and my recollection was that the Board pursued <br />relatively few updates at the time. <br /> <br />The current JPA is set to expire on December 31, 2026, and once again the agreement needs to be <br />updated and readopted. The enclosed draft of the JPA reflects a more comprehensive update of the <br />language to more closely align the text with how VLAWMO actually operates. Importantly, this <br />draft more specifically addresses budgeting, funding, and projects in light of the storm sewer utility <br />authority. An effort was also made to streamline the language as much as possible. <br /> <br />The following highlights the more substantive changes in the draft JPA: <br /> <br />1. Added recitals to provide context for the agreement (recitals – p. 1). <br /> <br />2. The definitions were expanded to include the storm sewer utility, capital improvement, and <br />other terms (Sec. 2, p. 3-4). <br /> <br />3. The specific years each group of Board members are to serve was removed (Sec. III, p. 4). <br /> <br />4. It was made clear the secretary-treasurer can delegate duties of the position as currently <br />occurs (Sec. 3.11(c), p. 5). <br /> <br />5. The voting requirements were revised to require a majority vote instead of a 2/3 vote to <br />approve capital improvement projects (Sec. 3.14, p. 6). <br /> <br />6. The storm water utility and the authorizing special legislation is called out and is recognized <br />as the primary funding source for the organization (Sec. 4.6, p. 7). <br /> <br />7. The process for capital improvements was more specifically spelled out (Sec. 4.7, p. 7). <br /> <br />Troy Gilchrist, Attorney <br />(612) 234-7539 <br />troy@townlawcenter.com